Africans currently can’t get ARVs because generics haven’t been legalized – drugs are too expensive.
Thomas Mullin, Fall 2002, ILSA Journal of International and Comparative Law, p. Lexis (Tens of millions…under the agreement)

The high price of ARVs is due to pressure internationally by the United States against compulsory licenses.
Samantha Schoell, 2002, Minnesota Intellectual Property Review, p. Lexis
(The developing countries’…prevent compulsory licensing)

Plan: The United States federal government should authorize the use of the subject matter of patents regarding treatment for and prevention of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome without the authorization of the right holder for use in Africa south of the Sahara by the United States government or third parties authorized by the United States government.

Advantage One: AIDS

AIDS has grown to become the most significant health crisis in sub-Saharan Africa. Increasing ARV access is key to solve.
Mary Crewe, Winter 2004, Yale Journal of Health Policy Law and Ethics, p. Lexis
(The statistics describing…come of this)

Politics is the last remaining barrier to distribution. ARVs are being withheld because African life is being judged unworthy in terms of economic value to receive medicine.
Anne-Christine D’Adesky, 2004, “Moving Mountains: The Race to Treat Global AIDS”
(When the opposite…intensive political fights)

Allowing the rampage of AIDS through society is structural violence at its worst
Laurie Garret, 7/18/2005, http://www.cfr.org./publications/8256/hiv_and_national_security.html
(In a June...order and peacekeeping)

AIDS is completely destroying African societies – failure to deal with it leads to human extinction.
Michael Muchiri, 3/6/2000, “Will Annan Finally Put Out Africa’s Fires”
(The executive director…the human race)

Advantage II: Neoliberalism

ARVs have been denied because intellectual property rights have been allowed to decide policy, forming the basis for new, intensified forms of colonialism. This privileging of economics over human life silences African voices and causes mass suffering and death.
Mary Crewe, 2004, Yale Journal of Health Policy Law and Ethics, p. Lexis
(From the ground…to intensify them)

Neoliberalism is a relentless drive for an impossible and purely theoretical free market utopia. This search for the impossible privatizes vital public services and deregulates the economic realm in order to persist in its infliction of structural violence.
Pierre Bourdieu,1998, Le Monde Diplomatique, “The Essence of Neoliberalism”, http://mondediplo.com/1998/12/08/bourdieu
(As the dominant…and social expenses)

Neo-liberalism legitimizes the destruction of all humanity—it sacrifices whole populations on the altar of market fundamentalist dogma.
Boaventura de Sousa Santos, Professor of Sociology at the School of Economics, University of Coimbra, 03 (Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html)
(According to Franz…horror and destruction)

The privatization of medicine denies the right to health, blurring the line between other rights—public health is the vital starting point for resistance against neo-liberalism.
Colleen O’Manique, 2004, “Neoliberalism and AIDS Crisis in Sub-Saharan Africa”
(Why do we…is just beginning)

The U.S. is the key barrier that prevents more compulsory licenses from being issued for HIV/AIDS drugs.
Obijiofor Aginam, associate professor of law, Carleton University, Summer 2006, North Carolina Journal of International Law & Commercial Regulation, lexis
(TRIPS which was…at the WTO)

The US is the powerhouse in restricting compulsory licensing—other nations fear litigation and sanctions.
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html
(Throughout the world…and other countries)

US action key – they control the rights to many important HIV/AIDS treatments
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html
(Sixth the US…HIV/AIDS treatment pharmaceuticals)

The United States prioritizes civil and political over economic and social rights – any challenge to neoliberalism must engage the U.S. priorities.
David Fidler, Professor of Law, Indiana University School of Law, Spring ‘4
Harvard Human Rights Journal, 17, “Fighting the Axis of Illness”
(In its National…mobility and globalization)

ARV drug prices drop and access increases without patent protection—empirically proven.
World Health Organization, 5/06, Bulletin of the World Health Organization
(Successful AIDS programmes…may stay high)

The plan functions within the existing TRIPS provisions on compulsory licensing for generic drug production.
World Health Organization, 5/06, Bulletin of the World Health Organization
(Although existing provisions…drugs for them)

Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this gaurantees the right to life.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc.
(I propose three…Weeramantry’s dissenting opinion)

Compulsory licensing is crucial to produce cheap generic drugs that are also high quality.
Clark Wilson, December 2005, Journal of Technology Law and Policy, p. Lexis
(C. Compulsory Licensing is…and stringent standards)

Compulsory licensing provides assistance to challenge IPR and directly saves lives
Joseph E. Stiglitz, 2004, Keynote Address at World Intellectual Property Organization, Google
(Unlike traditional trade…given short shrift)